Mr. Dan Goor
    Vice President for Technology
    Xportation Safety Concepts, Inc.
    4143 Sinton Rd.
    Colorado Springs, CO 80907


    Dear Mr. Goor:

    This responds to your September 21, 2000, letter to Ms. Heidi Coleman of my staff, informing the National Highway Traffic Safety Administration (NHTSA) of your intent to file an "application for rulemaking" concerning our safety standard for child restraint systems (Standard No. 213, 49 CFR ยง571.213).

    You have developed a rear-facing child restraint which you believe is "compatible with an airbag." You would like NHTSA to adopt a regulation under which a manufacturer could certify rear-facing seats as "acceptable for use an air bag" if the seats meet certain performance requirements. You state:

    The Application for RuleMaking [sic] will propose:

    That providing, based on NHTSA approved testing, any given rear-facing infant seat/restraint which performs within CRABI performance guide-lines (as may be modified by NHTSA) when interacting with an airbag, be accredited, and labeled in a similar manner to: Certified acceptable for front seat placement. Additionally, such seats will not be required to carry labels to the contrary.

    Standard No. 213 requires rear-facing child restraints to be conspicuously labeled with warnings to consumers not to place the restraint on the front seat with an air bag (S5.5.2(k)(4)). Assuming that you wish to change this requirement, the procedure for petitioning NHTSA for a change to the Federal motor vehicle safety standards is set forth in 49 CFR Part 552 (copy enclosed). NHTSA does not approve, disapprove, or certify motor vehicles or motor vehicle equipment.

    It is important for you to note that your child restraints must have the air bag warning label specified in S5.5.2(k)(4) in the absence of an amendment to the standard. You are not permitted to change the content of the label. Further, you should not assume that your petition will result in the amendment you seek. Our decision whether to grant your petition, should you decide to submit one, will be made in the context of an administrative proceeding, in accordance with statutory criteria.

    If you have further questions, please contact us at (202) 366-2992.


    Sincerely,
    Frank Seales, Jr.
    Chief Counsel

    Enclosure

    ref:213
    d.10/27/00